Mumbai, April 17: The Bombay High Court on Friday directed 33 remaining tenants of the long-stalled Siddharth Nagar (Patra Chawl) redevelopment in Goregaon to take possession of their rehabilitation tenements by April 30, failing which the Maharashtra Housing and Area Development Authority (MHADA) would be free to utilise the flats for other public housing purposes.
A division bench of Justices Girish Kulkarni and Aarti Sathe observed that continued reluctance by some occupants to take possession could not stall utilisation of scarce housing stock in Mumbai.
“There is so much residential shortage… If they do not come forward, it can be presumed they are not in immediate need,” the court said, permitting MHADA to allocate such tenements for public housing, including for project-affected persons or government staff. The court, however, clarified that such members could seek possession later upon giving due notice.
Directions issued to ensure smooth handover
To ensure smooth execution, the bench directed MHADA to station officers at the project site between 10.30 am and 5.30 pm to facilitate handover of flats within the stipulated period.
Court calls for policy uniformity on sale restrictions
During the hearing, MHADA’s counsel Manisha Jagtap informed the court that there was no five-year embargo on the sale of such rehabilitation flats. She clarified that the restriction applies only to flats allotted through the lottery system.
Taking note of this, the bench remarked that there ought to be uniformity in policy. “It has to be the same for everybody. You have to have a consistent policy,” the court said, adding, “If illegal transfers are taking place, then the government is losing revenue. Govt should benefit from the stamp duty.”
Lease dispute and court’s observations
The court was hearing a petition filed by the Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited concerning the redevelopment undertaken by MHADA. The society has sought a 90-year lease, while MHADA maintained that its current policy provides for a 30-year term, extendable in phases.
Senior advocate Pradeep Sancheti, appearing for the petitioner, argued that transactions relating to the land date back to the 1980s and warranted a longer lease tenure. However, on a query from the bench, he was unable to produce any document indicating that MHADA had agreed to a 90-year lease.
The court indicated that a phased 30-year lease structure could be workable. “Even if it is 30-30-30 years, it is only a question of revision of rent… it is not that the lease will be cancelled,” the bench said.
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Maintenance concerns and conclusion of proceedings
It also emphasised the need for maintenance and structural audits of buildings over time.
On other disputes, including land allotment and financial claims, the court kept all contentions open and observed that such issues could be agitated in appropriate proceedings.
Disposing of the petition, the court directed all parties to comply with its directions and complete the process of handing over possession within the stipulated timeline.
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